August 21, 2002
BULLETIN: 02-19
SUBJECT: PROPOSED AMENDMENTS TO REGULATION 1005
AND THE DOCUMENT, TRAINING AND TESTING
SPECIFICATIONS FOR PEACE OFFICER BASIC COURSES
On July 17, 2002 the Commission approved proposed amendments to Commission Regulation 1005 and the document, Training and Testing Specifications for Peace Officer Basic Courses. The proposed amendments are significant and will:
$ Add, modify and delete current learning objectives to provide greater clarity, conform with current terminology and strategies, and changes in the law; and
$ Establish or update revision dates
Pursuant to provisions of the Administrative Procedures Act, the Commission invites input on this matter. Written comments relative to the proposed action must be received at POST no later than 5:00 p.m. on October 21, 2002. The proposed amendments will become effective January 1, 2003.
No public hearing is scheduled. Pursuant to Government Code Section 11346.8, any interested persons or duly authorized representative may request in writing, no later than 15 days prior to the close of the public comment period, that a public hearing be held.
The attached Notice of Proposed Regulatory Action provides details concerning the proposed regulation changes for public comment. Inquiries concerning the proposed action may be directed to Leah Cherry, Associate Governmental Program Analyst, 1601 Alhambra Boulevard, Sacramento, CA 95816-7083, or by telephone at (916) 227-3891.
KENNETH J. O'BRIEN
Executive Director
Attachment
Commission on Peace Officer Standards and Training
NOTICE OF PROPOSED REGULATORY ACTION: AMEND COMMISSION REGULATION 1005 AND THE DOCUMENT, TRAINING AND TESTING SPECIFICATIONS FOR PEACE OFFICER BASIC COURSES
Notice is hereby given that the Commission on Peace Officer Standards and Training (POST), pursuant to the authority vested by Sections 13503 of the Penal Code (powers of the Commission on POST) and Section 13506 (authority for Commission on POST to adopt regulations), and in order to interpret, implement and make specific Sections 13510 (authority for the Commission on POST to adopt and amend rules establishing minimum standards for California local law enforcement officers) and 13510.5 of the Penal Code (authority for the Commission on POST to adopt and amend standards for certain other designated California peace officers), proposes to adopt, amend or repeal regulations in Chapter 2 of Title 11 of the California Code of Regulations.
INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW
As part of an ongoing review of Regular Basic Course content, POST staff and curriculum consultants (academy instructors and other subject matter experts) thoroughly review learning domain content to determine if revisions are necessary. This process occurs in regularly scheduled workshops during which curriculum and supporting materials for specific domains are updated to reflect emerging training needs, compliance with legislatively mandated subject matter, changes in the law, or to improve student learning and evaluation.
Proposed changes to the training and testing specifications for Learning Domains #13 ABC Law are the result of these regularly scheduled reviews. This proposal does not include amendments to the minimum hourly requirement for these domains. The proposed changes intend to accomplish the following goals:
$ Add, modify and delete current learning objectives to provide greater clarity, conform with current terminology and strategies, and changes in the law; and,
$ Establish or update revision dates.
All proposed changes have been reviewed and endorsed by the Consortium of Academy Directors. Upon approval through the Notice of Proposed Regulatory Action Process of the Administrative Procedures Act, the changes would go into effect January 1, 2003.
PUBLIC COMMENT
The Commission hereby requests written comments on the proposed actions. All written comments must be received at POST no later than 5:00 p.m. on October 21, 2002. Written comments should be directed to Kenneth J. O'Brien, Executive Director, Commission on Peace Officer Standards and Training, 1601 Alhambra Boulevard, Sacramento, CA 95816-7083, fax number (916) 227-2801, or email at
A public hearing is not scheduled. Pursuant to Government Code Section 11346.8 any interested person, or his or her duly authorized representative, may request in writing, no later than 15 days prior to the close of the public comment period, that a public hearing be held.
ADOPTION OF PROPOSED REGULATIONS
Following the close of the public comment period, the Commission may adopt the proposal substantially as set forth without further notice or may modify the proposal if such modifications remain sufficiently related to the text as described in the Informative Digest. If the Commission makes changes to the language before the date of adoption, the text of any modified language, clearly indicated, will be made available at least 15 days before adoption to all persons whose comments were received by POST during the public comment period, and all persons who request notification from POST of the availability of such changes. A request for the modified text should be addressed to the agency official designated in this notice. The Commission will accept written comments on the modified text for 15 days after the date of which the revised text is made available.
TEXT OF PROPOSAL
Copies of the Initial Statement of Reasons and exact language of the proposed action may be obtained by submitting a request in writing to the contact person at the address below. This address also is the location of all information considered as the basis for these proposals. The information will be maintained for inspection during the Commissions' normal business hours (8 a.m. to 5 p.m., Monday through Friday).
Copies of the Final Statement of Reasons, once it has been prepared pursuant to subdivision (a) of Section 11346.9, may be obtained from the address at the end of this notice.
ESTIMATE OF ECONOMIC IMPACT
Fiscal impact on Public Agencies including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None
Nondiscretionary Costs/Savings to Local Agencies: None
Local Mandate: None
Costs to any Local Agency or School District for which Government Code Section 17561 Requires Reimbursement: None
Significant Statewide Adverse Economic Impact Directly Affecting California Businesses, including Small Business: The Commission on Peace Officer Standards and Training has made an initial determination that the proposed regulation will not have a significant statewide adverse economic impact directly affecting California businesses, including the ability to compete with businesses in other states, and has found that the proposed amendment of Regulation 1005 will have no effect on California businesses, including small businesses, because the Commission on Peace Officer Standards and Training sets selection and training standards for law enforcement and does not impact California businesses, including small businesses.
Cost Impacts on Representative Private Persons or Businesses: The Commission on Peace Officer Standards and Training is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with this proposed action.
Effect on Housing Costs: The Commission on Peace Officer Standards and Training has made an initial determination that the proposed regulation would have no effect on housing costs.
ASSESSMENT
The adoption of the proposed amendments to this regulation will neither create nor eliminate jobs in the state of California, nor result in the elimination of existing businesses or create or expand businesses in the state of California.
CONSIDERATION OF ALTERNATIVES
In order to take this action, the Commission must determine that no reasonable alternative considered by the Commission, or that has otherwise been identified and brought to the attention of the Commission, would be more effective in carrying out the purpose for which the action is proposed, or would be as effective and less burdensome to affected private persons than the proposed action.
CONTACT PERSON
Inquiries concerning written material pertaining to the proposed action should be directed Leah Cherry, Associate Governmental Program Analyst, 1601 Alhambra Boulevard, Sacramento, CA 95816-7083, or by telephone at (916) 227-3891, fax number (916) 227-3895 or e-mail at . The back-up contact person as well as inquiries concerning the substance of the proposed action/text for the proposed curriculum revisions to the Regular Basic Course should be directed to Bob Stresak, Senior Consultant, (916) 227-4259, fax number (916) 227-6932 or e-mail at .
INTERNET ACCESS
The Commission has posted on its website (www.post.ca.gov) the information regarding this proposed regulatory action. Select “Regulation Notices” from the topics listed on the website’s home page.